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21 Cards in this Set

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What 6 conditions need to be met for a contract to be in place?

Offer by one party
Acceptance by the other party
Consideration of the offer
Intent to form a contract
Legality of contract
Capacity to make agreement

What are common contract documents?

Conditions of contract and any amendments to standard forms
Preliminaries
Contract sum analysis
Drawings
Specifications
Existing building information
Any contractor’s proposals for CDP work

Who needs to understand the contract?

All parties mentioned in the contract including the Employer, design team, consultants, Contractor and those involved who are not mentioned.

What are the main suites of construction contract?

JCT
NEC 3
ICE 7
GC Works
FIDIC

What does JCT, NEC, ECC, FIDIC, ICE stand for?



Joint Contracts Tribunal
New Engineering Contract
Engineering and Construction Contract
International Engineers Federation
Institution of Civil Engineers

Who publishes the GC/Works suite of contracts?

PACE – Property Advisors to the Civil Estate

What are the main parts of the JCT contracts?

Recitals


Articles
Contract Particulars
Attestation
Conditions – divided into 9 sections
Schedules

Name the main types of JCT contract

Minor works
Intermediate
Standard building contract
Major Projects
Design and Build
Prime cost contract
Measured Term contract
Construction Management Agreement
Management Contract
Framework Agreement

What different types are there of standard building contract?

Three types:
With quantities
Without quantities
With approximate quantities

When would you use JCT Minor Works?

Projects that are short in duration, small and simple
Guidance is for a value up to £150,000
It is a short, easy to follow contract
It is a lump sum form; design should be completed prior to execution
Not as comprehensive as others – limited claims provisions, no fluctuations

When would you use JCT Intermediate Contract?

Recommended for project that do not exceed one year’s duration
For projects that are simple in content, require only basic skills and trades and where services are not complex and where the works are already designed

When would you use JCT Standard with quantities?

Work has already been designed
Where there is a bill of quantities
It is a lump sum form
The contractor’s risk is limited to price only
The employer takes the risk of errors in the bill

When would you use JCT Standard without quantities?

Work has been designed prior to contract but there is no bill
Contract documents will include drawings, specification and schedule of rates
It is a lump sum form of contract
The contractor’s risk includes both price and quantity

When would you use JCT Standard with approximate quantities?

This is a remeasurement form of contract
There is no contract sum
Used where the design is not completed at time of execution
An approximate bill of quantities has been prepared
Construction is wished to commence prior to the design being completed

When would you use JCT Major Works?

Projects that are significant in both size and quantity



Generally for clients that have their own in house contractual procedures

When would you use JCT DB?

When the contractor is responsible for design and construction
Similar in complexity to the standard building contracts
The contactor’s proposals form the basis of the contract
There is no mention of an architect or QS

When would you use the prime cost contract?

Broadly based on the provisions of standard building contract
The contractor is paid the cost of carrying out the work plus a fee to cover OH&P
Might be used if another contractor is hired to complete the works after an insolvency
The employer bears the majority of the financial risk
The total cost is not known until completion

When would you use a JCT Measured Term Contract?

Where the employer requires maintenance / minor works to be undertaken on a regular basis over a defined period of time on a defined list of properties
Contract agreed on a schedule of rates for carrying out certain types of work
Can be let on a fixed or fluctuating price basis
Contains a break provision for terminating the contract early

When would you use JCT Construction Management Agreement?

When the construction management proc. route is chosen.
When the emp. wants an early start on site etc
Construction Management Trade Contract also used as form between emp. and trade cont's.


Construction managers only manage the trade contracts, the contracts are placed by the client.

When would you use a JCT Management Contract?

When management proc. route is chosen.


Where the employer appoints a management contractor to oversee the works. Construction is completed under a series of separate works contracts, which the management contractor appoints and manages for a fee.


Management contractors contract works contractors direct

When would you use a JCT Framework Agreement?

When employers procure work on a regular basis and want to capture the benefits of long-term relationships within the supply chain.



Where a partnering or collaborative approach is desired on a project that might be more representative of another procurement method.